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2026 DAILYLAW 11754 (KAR)

MR SHVIANANDA B K v. M/S L AND T HOUSING FINANCE LTD

WP/6360/2022 · 2026-03-04

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13295 WP No. 6360 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6360 OF 2022 (GM-DRT) BETWEEN: 1. MR. SHVIANANDA B.K., S/O LATE KRISHNAPPA AGED ABOUT 50 YEARS 2. MRS. SHILPA SHIVANANDA W/O SHIVANANDA B.K., AGED ABOUT 40 YEARS, BOTH ARE R/AT NO 214, GROUND FLOOR ATMIYA, 2ND MAIN TEACHERS LAYOUT, 1ST STAGE NAGARBHAVI, BANGALORE -560 072 …PETITIONERS (BY SMT.DEEPIKA, ADVOCATE) AND: M/S. L AND T HOUSING FINANCE LTD., A COMPANY INCORPORATED LUNDER Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13295 WP No. 6360 of 2022 THE COMPANIES ACT 1956, ITS CORPORATE OFFICE AT UNIT NO 1, 3RD FLOOR PRIDE HULKUL, NO.116, LALBAGH ROAD, BANGALORE- 560 027 REPRESENTED BY ITS AUTHORIZED SIGNATORY …RESPONDENT (BY SRI.RAJASHEKAR S., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA , PRAYING TO QUASH THE COMMUNICATION DATED: 08.11.2021 (WRONGLY TYPED AS 29.06.2021) SENT BY THE ADVOCATE REPRESENTING THE RESPONDENT REJECTING THE CLAIM OF THE PETITIONERS REQUEST TO COMPLY WITH THE ORDERS PASSED BY THE DEBTS RECOVERY TRIBUNAL VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:13295 WP No. 6360 of 2022 ORAL ORDER The present writ petition is filed seeking the following prayer: "PRAYER Wherefore, the Petitioner prays that this Hon'ble Court may kindly be pleased to :- a) Issue a Writ of certiorari to quash the communication dated 08.11.2021 (wrongly typed as 29.06.2021) sent by the Advocate representing the respondent rejecting the claim of the petitioners' request to comply with the orders passed by the Debts Recovery Tribunal vide Annexure-A. b) The petitioners have also sought for writ of mandamus directing the respondent to take suitable action pursuant to the reply notices dated 30.08.2021 and 01.12.2021 sent by the petitioners vide Annexures-B and C. c) Issue any other writ, order or direction as this Hon'ble Court deems fit and proper reliefs as this Hon'ble court deems fit and proper under the circumstances of this case;" 2. The respondent is M/s. L and T Housing Finance Ltd. In the light of the law laid down by the Hon'ble Apex Court in case of S.Shobha Vs. Muthoot Finance Ltd.1, the writ petition is 1 2025 INSC 117 - 4 - HC-KAR NC: 2026:KHC:13295 WP No. 6360 of 2022 not maintainable against the private finance company. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail appropriate remedy. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 12